HomeMy WebLinkAboutOrdinance 21988-12-2015 ORDINANCE NO. 21988-12-2015
AN ORDINANCE FINDING THAT CONDITIONS HAVE MATERIALLY
CHANGED SO THAT $317,570.14 IN FUNDS ORIGINALLY DESIGNATED
FOR MATCHING FUNDS FOR GRANTS FOR NEW WALKS AND TRAILS IS
NO LONGER NECESSARY FOR THAT PURPOSE AND SHOULD BE USED
INSTEAD FOR THE VICTORY FOREST RECREATION CENTER PROJECT;
AUTHORIZING $317,570.14 IN 2004 CAPITAL IMPROVEMENT PROGRAM
FUNDS DESIGNATED FOR MATCHING FUNDS FOR GRANTS FOR NEW
WALKS AND TRAILS BE USED FOR THE VICTORY FOREST RECREATION
CENTER PROJECT, WHICH IS WITHIN THE VOTED PURPOSES OF THE
BONDS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on February 7, 2004, the citizens of the City of Fort Worth
approved the 2004 Capital Improvement Program; and
WHEREAS, the 2004 Capital Improvement Program (CIP) proceeds included
$1,400,000.00 for matching funds for grants for new walks and trails in the City; and
WHEREAS, staff has identified a trail-connector grant project in far-east Fort
Worth for which matching funds are required; and
WHEREAS, due to uncertainty regarding final completion of the grant project,
staff has recommended allocating $317,570.14 from available proceeds of sale of 2013
Certificates of Obligation (CO) as grant match instead of using 2004 CIP proceeds; and
WHEREAS, with the allocation of these CO proceeds as matching funds of the
new-trail grant project, $317,570.14 in the funds allocated for grant-matches for new
trails and walks is no longer necessary for that purpose and can instead be used for
another project within the voted purposes of the bonds.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH:
Ordinance No.21988-12-2015
Pagel of 3
SECTION 1.
That the City Council finds that conditions have materially changed so that
$317,570.14 in funds allocated as matching funds for grants for new walks and trails is
no longer necessary for that purpose.
SECTION 2.
The City Council hereby authorizes the use of $317,570.14 from 2004 Capital
Improvement Program funds designated for matching funds for grants for new walks and
trails be used toward the design and construction of Victory Forest Recreation Center,
which is a project that comes within the voted purposes of the bonds.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
Ordinance No.21988-12-2015
Page 2 of 3
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section
SECTION 5.
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: .
Grant Jordan, AS'si Cant City Attorney Yar/J. s C' y e retary
0.-
ADOPTED & EFFECTIVE: December 8, 2015
Ordinance No.21988-12-2015
Page 3 of 3
Location Map
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COUNCIL ACTION: Approved on 121812015 - Ordinance No. 21988-12-2015, 21989-12-2015,
21990-12-2015 & 21991-12-2015
DAl[E, Tueoday, December O8. 2O15 REFERENCE NO.: C-27552
LOG NAME: 8OV|{|TORY FOREST RECREATION CENTER
SUBJECT:
Authorize Execution ofeConstruction Contract with C. Perry Builders, Inc., in the Amount of$5.155.7OO.00
for the Construction of New Recreational Building and Provide for Administrative Costs in the Amount of
$375.700.45 for o Total Anticipated Project Construction Coot of$5,531,400.45, Adopt Ordinance Finding
Conditions Have Materially Changed oothat $317.570.14 in 2004 Capital Improvement Program Funds
C}hQino||y Designated for New Walks and Trails is Unnecessary for that Purpose and Therefore Allocated
to the Victory Forest Recreation Center as an Eligible Project and Adopt Appropriation Ordinances
(COUNCIL DISTRICT S) (2014 BOND PROGRAM)
RECOMMENDATION:
It is recommended that the City Council:
1. /\docd the attached appropriation ordinance increasing the appropriation for the Victory Forest
Recreation Center project from the reserved Park Planning Fees in the amount of$641,670.41 in the Park
Dedication Fees Fund �
.
2. Adopt the attached appropriation ordinance increasing the appropriation for the Victory Forest
Recreation Center project from the naaen/ed Interest Earnings in the amount of$282,482.00 in the Pork
Dedication Fees Fund;
3. Adopt the attached appropriation ordinance increasing the appropriation for the Victory Forest
Recreation Center project from the reserved Community Centers sub Fund in the amount of$57,540.56 in
the Pork Improvements Fund;
4. Adopt the attached ordinance finding that conditions have materially changed so that the $317.570.14
in Programmable 2004 Capital Improvement Program /C|P\ designated for use within New VVa|ko and
Trails K8otuh Fund to support Trinity River Vision should be used towards the construction of the Victory
Forest Recreation Center which will benefit the local community;
5. Adopt the attached appropriation ordinance increasing the appropriation for the Victory Forest
Recreation Center from the Park Improvements Fund (2004 Bond New Walks and Tnei/a sub fund) in the
amount of$317,570.14;
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
amount of$320,000.00 in the Victory Forest Pork Project of the 2014 Bond Program Fund; and
7. Authorize the execution of construction contract in the amount of not to exceed $5,155.700.00 with C.
Perry Builders, Inc., for the construction of Victory Forest Recreation Center building and grounds.
DISCUSSION:
Lognmne: QO\ ICTOBY FOREST RECREATION CENTER Page lo[5
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a
construction contract with C. Perry Builders, Inc., in the amount of$5,155,700.00 for the construction of
Victory Forest Recreation Center and to program and reallocate funding in support of the contract.
Project Description
The Victory Forest Recreation Center will serve the residents of south central Fort Worth. The new facility
will provide programming for youth and adults including after-school activities, summer day camp, classes
for youth, adults and activities for seniors. The project will include a gymnasium, fitness room, multi-
purpose room, dance room, teaching kitchen, youth play room and restrooms with showers. The exterior
improvements consist of a paved patio area, covered outdoor areas next to the fitness room and dance
room, a playground, associated parking, driveways and landscape. The project has also coordinated and
allocated space for the incorporation of artwork being designed by artist, Arturo Garcia of Graphic
Content, Inc., in conjunction with the Arts Council of Fort Worth & Tarrant County.
The project was advertised in the Fort Worth Star-Telegram on August 27, 2015 and September 3, 2015
as a best value selection with a preference forjoint ventures. On September 24, 2015, seven firms
submitted proposals. The proposals were based on a construction budget determined by the City. Each
firm submitted their expense line items for overhead, bonds, insurance, contingency and fees.
The Best Value Selection Committee included representatives from the Park and Recreation Department
(PARD), M/WBE Office and the Property Management Department. Following the bid opening, the
architect and project manager reviewed the bids and contacted references for the apparent low
bidder. On October 15, 2015, the selection committee met to shortlist the firms and ranked them as
follows: C. Perry Builders, Inc. (76); Ratcliff Constructors (70); Reeder/Summit, A Joint Venture (67);
Steele & Freeman (66); Imperial Construction (32); Joe Funk Construction (NA); and Thomas S. Byrne
(NA). Note: NA denotes the firm did not submit M/WBE and other documents for scoring. The five firms
were evaluated on a 100 point scale and five criteria categories as follows:
Score Summary 1. Price . M/WBE 3.Schedule 4. Reputation 5. Past TOTALS
Review Experience Relationship (
iC.Perry Builders —50f 15 2 T 4 � 8 79
;Ratcliff Constructors 44 1 5 - 2 9 1 10 70
,Reeder/Summit JV 39 (— 5 10 1 8 1--5_1 67
teele&Freeman 38 1—5 [-- 5-1 10 1-8 F_32
Imperial Construction (-6F-5 1- 1 —^F_ 10_ _ 10 32
oe Funk Construction I NA —I —NA F_ NA I NA I NA F NA
O�hos. S. Byrne NA NA [_ NA F— NA ~FNA ( NA
After the initial evaluation, the selection committee followed up with specific questions to the contractor
and references to verify pricing, schedule, experience and staffing. On October 20, 2015, the selection
committee met again to confirm their selection. On October 22, 2015, the selection committee met with
representatives of C. Perry Builders, Inc., and conducted a final interview. Based on a thorough review of
the proposals and checking of references the selection committee recommends C. Perry Builders, Inc., for
the Victory Forest Recreation Center construction project.
The overall project costs are expected to be as described in table below:
iry Forest Recreation Center(C00130) F Totals
IlArchitectural and Engineering Design (RPGA Design Group
I1nc.) F$ 459,260.00
Project Management, Reprographics, Bid Advertisement $ 74,278.96
Land Acquisition $ 651,025.51
�Design Phase Total $1,184,564.47
jCo trns uction Contract(C. Perry Builders Inc. and Owner's
Logname: 80VICTORY FOREST RECREATION CENTER Page 2 of 5
I
Contingency 7.5 percent) $5,155,700.00
Project Management, Construction Administration, Materials
esting, Construction Inspection $ 375,700.45
,C $5,531,400.45
onstruction Phase Total
TOTAL Design and Construction Project Cost $6,715,964.92
Future Park Development $ 150,000.00
and Total —($6,865,964.92
Reprogramming 2004 CIP Funds
Some of the money staff recommends using to fund this project would come from reprogrammed 2004
bond proceeds if this M&C is adopted.
In advance of the 2004 Capital Improvement Program (CIP) bond election, the City issued a "Summary of
Proposed Projects" booklet to identify for voters the projects that the City intended to build if the bonds
were approved. The booklet included language advising voters that, although the City intended to build
the projects as identified, the City Council (i) retained "the right to abandon or modify a project if, in the
council's opinion, conditions materially change so that the project as originally proposed is unwise or
unnecessary" and (ii) in the event of such a change, could "direct that the bond proceeds be expended for
other projects within the voted purposes of the bonds."
One of the parks projects identified in the booklet was an allocation of$1,400,000.00 for match funding for
new walks and trails. The PARD was recently advised of a trail-connector grant project for a project in far-
east Fort Worth that requires matching parks funds. There is sufficient funding remaining in New Walks
and Trails 2004 CIP proceeds to cover the match. However, Staff is uncertain when the grant project
would be fully completed and the funds fully expended.
In an effort to expend the remaining 2004 CIP proceeds as expeditiously as possible, Staff proposes
swapping the funding sources by (i) allocating $317,570.14 from available parks proceeds of 2013
Certificates of Obligation (CO) towards the grant match for the trail project, (ii) making a finding that
allocation of the CO proceeds renders $317,570.14 in the New Walks and Trails Project of the 2004 CIP
unnecessary for that purpose and (iii) directing $317,570.14 from 2004 CIP proceeds be expended on the
Victory Forest Recreation Center, which is an eligible project that is within the voted purpose of the
bonds. Because the walks and trails project is similar in nature to the original proposed purpose and
funding is consistent with grant funding, the City Council has the authority to find this project to be within
the intended purpose of these funds and Staff recommends using the funds for this purpose. Approval of
this M&C and adoption of the attached ordinance making such findings would serve as an official
determination of this matter.
Funding Sources
Project Funding is coming from a number of sources, including the reprogrammed 2004 CIP Walks and
Trails funds, 2004 CIP funds that were originally identified for use on building community recreation
centers and proceeds from the 2013 CO's that were sold to augment funding for this project. The full
breakdown of funding is described in the table below:
Project Funding is described in the table below:
Source _ mounts
2000 CO $ 204,166.76 _
2004 Bond Program $2,600,075.61
2004 Bond Reprogrammed Walks and Trails $ 317,570.14
2013 CO New Community Center $2,500,000.00
Logname: 80VICTORY FOREST RECREATION CENTER Page 3 of 5
12014 Bond Program (Park Development) 1$ 320,000.00
Park Dedication Fees _ $ 641,670.41
Park Dedication Interest $ 282,482.00
GRAND TOTAL $6,865,964.92
The construction contract in an amount not to exceed $5,155,700.00 is based on the City's construction
budget and allowance for use by the City only. Any allowance remaining at the end of construction will be
retained by the City. The City of Fort Worth building and trade permit fees are waived.
Available resources within the General Fund will be used to provide interim financing for the 2014 Bond
portion of the funding until debt is issued. Once debt associated with this project is sold, bond proceeds
will reimburse the General Fund in accordance with the statement expressing official intent to reimburse
that was adopted as part of the ordinance canvassing the bond election (Ordinance 21241-05-2014).
NOTE - In addition to the funding allocated to this contract, an additional $150,000.00 from the 2014 Bond
Program will be allocated to a future park development for construction by the City of Fort Worth PARD in-
house trades division. That amount is not part of this construction contract.
The annual operating impact associated with this project beginning in Fiscal Year 2017 is expected to be
$497,382.00 annually. Anticipated additional revenue is expected to be $144,494.50 annually. FF&E has
been approved and funded in the Fiscal Year 2016 Decision Package. Construction is anticipated to
commence in January 2016 and be completed in January 2017. The contract period is 300 calendar
days.
M/WBE OFFICE - C. Perry Builders Inc., is in compliance with the City's Business Diversity Enterprise
(BIDE) Ordinance by committing to 38 percent M/WBE participation on the PARD base bid. The City's
M/WBE goal on this base bid contract is 20 percent.
The Victory Forest Recreation Center is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that appropriations are included in the Fiscal Year
2016 Adopted Budget of the 2014 Bond Program pursuant to Ordinance No. 21457-09-2014 and funds
are available in the General Fund to pay expenses which will be incurred on the Victory Forest Recreation
Center until reimbursement can occur from the issuance of public securities.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
1 30110 0800450 4640006 UNSPEC $641,670.41
1 30110 0800450 4640006 C00130 $641,670.41
1 30110 0800450 C00130 $641,670.41
2 30110 0800450 4611010 UNSPEC $282,482.00
30110 0800450 4611010 C00130 $282,482.0
2 30110 0800450 C00130 $282,482.00
3 39801 0800450 4905100 UNSPEC UN4500 $57,540.56
3 39801 0800450 4905100 C00130 C04580 $57,540.56
3 39801 0800450 C00130 C04580 $57,540.56
Logname: 80VICTORY FOREST RECREATION CENTER Page 4 of 5
4)398011 0800450 4905100 UNSPEC UN5800 $317,570.14
39801 0800450 4905100 C00130 C05880 $317,570.14
39801 0800450 C00130 C05880 $317,570.14
5 34014 0800450 C00130 2016 14020103 $320,000.00
FROM
Fund Department Accouni Project Program Activity Budget Reference # Amount
ID ID Year Chartfield 2
H6 39801 800450 C00130 C04580 $3,743,977.45
6 39801 800450 C00130 C04380 $273,052.14
6)39801 800450 C00130 C05880 $44,518.00
6)340141 800450 C00130 2016 14020103 $170,000.00
6 301101 800450 C00130 $641,670.41
16)301101 800450 1 1 C00130 $282,482.0011
CERTIFICATIONS:
Submitted for City Manager's Office b}: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
Logname: 80VICTORY FOREST RECREATION CENTER Page 5 of 5